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This book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved four judicial institutions: the cadi, the court of complaint (mazalim), the police/shurta (responsible for criminal justice) and the Islamized market law (hisba) administrated by the market supervisor/muhtasib. Literary and non-literary sources are used to highlight how these institutions worked in real-time situations such as the famine of 1024-1025, which posed tremendous challenges to the market supervisors in Cairo. The inner workings of the court of complaint during the 11th-12th century Fatimid state are revealed through array of documentary sources. Further, non-Muslim communities, their courts and their sphere of responsibilities are treated as integral to how justice was dispensed in medieval Islam. Documentary sources offers significant insights into these issues and illuminate the scope and limits of non-Muslims self-rule/judicial autonomy.In sum, the book shows that the administrative and political history of the judiciary in medieval Egypt implicitly and explicitly illuminates broader questions about religious and social forces that shaped the lives of medieval people in the Middle East, Muslims and non-Muslims alike.
This book shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved four judicial institutions: the cadi, the court of complaint (mazalim), the police/shurta (responsible for criminal justice) and the Islamized market law (hisba) administrated by the market supervisor/muhtasib. Literary and non-literary sources are used to highlight how these institutions worked in real-time situations such as the famine of 1024-1025, which posed tremendous challenges to the market supervisors in Cairo. The inner workings of the court of complaint during the 11th-12th century Fatimid state are revealed through array of documentary sources. Further, non-Muslim communities, their courts and their sphere of responsibilities are treated as integral to how justice was dispensed in medieval Islam. Documentary sources offers significant insights into these issues and illuminate the scope and limits of non-Muslims self-rule/judicial autonomy.In sum, the book shows that the administrative and political history of the judiciary in medieval Egypt implicitly and explicitly illuminates broader questions about religious and social forces that shaped the lives of medieval people in the Middle East, Muslims and non-Muslims alike.
This text shows how political and administrative forces shaped the way justice was applied in medieval Egypt. It introduces the model that evolved during the 7th to the 9th centuries, which involved 4 judicial institutions: the cadi, the court of complaint, the police/shurta and the Islamized market law.
Nathan Brown's penetrating account of the development and operation of the courts in the Arab world is based on fieldwork in Egypt and the Gulf. The book addresses important questions about the nature of Egypt's judicial system and the reasons why such a system appeals to Arab rulers outside Egypt. From the theoretical perspective, it also contributes to the debates about liberal legality, political change and the relationship between law and society in the developing world. It will be widely read by scholars of the Middle East, students of law and colonial historians.
Egyptian law is the main representative of the Arab civil-law family and its influence largely extends beyond its national borders. Foreign elements have mixed with Egyptian legacies to build up a new and original legal system. Egypt and its Laws is the first book in a Western language to present in a comprehensive, systematic and concise way comtemporary Egyptian law, case law and judicial organization. Egyptian law professionals - law faculty professor, high rank magistrates, attorneys have contributed to this project by outlining each branch of law or judicial order in a synthetic way. This includes: constitutional law, administrative law, civil law, personal status law, criminal law, commercial law, company law, tax law, labor and social law, land law, press law, procedural law, commercial arbitration, public and private international law as well as civil, criminal, administrative and constitutional adjudication. These contributions are preceded by a substantial introduction and followed by an English-Arabic glossary, an index, and tables of cited laws and cases.
If justice in the Arab world is often marked by a lack of autonomy of the judiciary toward the executive power, one of the characteristic features of the Egyptian judiciary lies in its strength and activism in the defense of democratic values. Judges have been struggling for years to enhance their independence from the executive power and exercise full supervision of the electoral process to achieve transparent elections. Recent years have seen growing tensions in Egypt between the judiciary and the executive authority. In order to gain concessions, judges went as far as to threaten to boycott the supervision of the presidential and legislative elections in the fall of 2005 and to organize sit-ins in the streets. The struggle between the two powers was in full swing in the spring of 2006, when a conference convened in Cairo in early April on the theme of the role of judges in the process of political reform in Egypt and the Arab world. The conference was organized by the Cairo Institute for Human Rights Studies (CIHRS) in cooperation with the Institut de Recherche pour le Développement (IRD). This book is a collection of papers from the conference dealing with Egypt. They allow a better understanding of the role judges are playing in the process of democratic reform in Egypt as well as the limits of their struggle. Contributors: Nabil Abd al-Fattah, Ahmad Abd al-Hafiz, Maher Abu al-Einein, Hafez Abu Saada, Hisham Al-Bastawisi, Nathalie Bernard-Maugiron, Negad Al-Bora'i, Nathan Brown, Nathan, Mustapha Kamel al-Sayyed, Abdallah Khalil, Mahmud Al-Khudayri, Mahmud, Isabelle Lendrevie, Tamir Moustafa, Mohamed Al-Sayed Said, Atef Shahat Said, Younis Sherif
Shariʿa, Justice and Legal Order: Egyptian and Islamic Law: Selected Essays by Rudolph Peters is about legal practice, both Shariʿa and state law. Its principal themes are legal order and the actual application of law in the Ottoman and more recent periods